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Supreme Court blocks creation of religious charter school in Oklahoma

The U.S. Supreme Court
Chip Somodevilla
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Getty Images
The U.S. Supreme Court

Updated May 22, 2025 at 2:07 PM EDT

A deadlocked U.S. Supreme Court effectively blocked the creation of the nation's first religious charter school in Oklahoma, leaving in place a state Supreme Court ruling that declared the school violated the constitutional separation of church and state.

The vote was 4-4, and the order did not specify which justice voted which way. Justice Amy Coney Barrett had recused herself from the case.

At issue in the case were two Catholic dioceses in Oklahoma that tried to establish a publicly funded Catholic school, St. Isidore of Seville, as a charter school. That move challenged both the federal charter school law and similar state laws under which charter schools are public schools that are funded by the state, closely supervised by the state, and must be nonsectarian.

The Oklahoma Supreme Court ruled that the creation of a religious charter would directly contradict the state and federal constitutional bans on state-sponsored religious indoctrination.

Barrett recused herself from participating in the case. As a professor at the University of Notre Dame, she was involved with a legal clinic that advised St. Isidore.

This is a developing story and will be updated.

Copyright 2025 NPR

Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.